Legal analyst and DAILY TRIBUNE columnist Atty. Estrella Elamparo has raised concerns over the Office of the Solicitor General's (OSG) move to step back from representing government officials in the writ of habeas corpus petition filed by the family of former president Rodrigo Duterte.

In a Monday Facebook post, Elamparo, who won the 2017 Woman Lawyer of the Year award from the Asian Legal Business Southeast Asia Law Awards, pointed out that Presidential Decree 478 legally mandates the office to represent the government and its officials in legal proceedings.

“It is mandatory upon the OSG to represent the Government of the Philippines, its agencies and instrumentalities, and its officials and agents in any litigation, proceeding, investigation, or matter requiring the services of a lawyer,” Elamparo noted, citing the Gonzalez v. Chavez (1992) Supreme Court ruling.

However, despite this legal obligation, Solicitor General Menardo Guevarra — who served as Duterte’s Justice Secretary and was a longtime law firm partner of ex-Executive Secretary Salvador Medialdea — has expressed his intention to step aside from the case. If the motion is approved, the Marcos administration officials may be forced to seek private legal representation.

In the lurch?

While the OSG insists in its manifestation and brief that its decision aligns with its long-standing stance against the International Criminal Court (ICC), its withdrawal — pending Supreme Court approval — effectively leaves the defense of top officials in limbo.

The habeas corpus petition, filed by Duterte’s children, seeks to challenge the legality of his detention at The Hague Penitentiary Institution following his arrest under an ICC warrant. While the petition does not directly overturn the arrest, it questions whether Duterte’s continued detention is lawful under Philippine law.